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  • Doe v. Reed

    586 F.3d 671 · Court of Appeals for the Ninth Circuit · Oct 22, 2009

    A district court abuses its discretion if it bases its decision on an erroneous legal standard or clearly erroneous findings of fact. Sierra Forest Legacy v. Rey, 577 F.3d 1015, 1021 (9th Cir.2009) (citing Am. … Without the PRA, the public is effectively deprived of the opportunity independently to examine whether the State properly determined that a referendum qualified, or did not qualify, for the general election.

    Cited 23 timesPublished
  • Jose Roberto Fernandez-Ruiz v. Alberto R. Gonzales, Attorney General

    468 F.3d 1159 · Court of Appeals for the Ninth Circuit · Nov 15, 2006

    Ashcroft, 390 F.3d 1091, 1095 (9th Cir.2004) (“If the record of conviction does not establish that the offense the petitioner committed qualifies as an aggravated felony, the government has not met its burden of proving that … Moreover, we cannot apply the modified categorical approach because the record does not contain any “documentation or judicially noticeable facts that clearly establish that the conviction is a [crime of moral turpitude].

    Cited 123 timesPublished
  • Crittenden v. Ayers

    624 F.3d 943 · Court of Appeals for the Ninth Circuit · Nov 2, 2010

    AYERS 18127 established federal law. See Carey v. Musladin, 549 U.S. 70, 76 (2006) (divergence of courts reflects lack of guidance from the Supreme Court as to clearly established federal law). … a violation of clearly established law.

    Cited 130 timesPublished
  • Enigma Software Group USA, LLC v. Malwarebytes, Inc.

    69 F.4th 665 · Court of Appeals for the Ninth Circuit · Jun 2, 2023

    “Passive websites . . . are limited to making information available to users” and do not establish personal jurisdiction. Id. … The website operated by Malwarebytes easily qualifies as interactive under Weiss.

    Cited 11 timesPublished
  • Notash v. Gonzales

    Court of Appeals for the Ninth Circuit · Nov 2, 2005

    If the record of conviction does not establish that the offense is a qualifying offense, the government has failed to meet its NOTASH v. … Tokatly, 371 F.3d at 620-21; see also Ferreira, 390 F.3d at 1095 (“If the record of conviction does not establish that the offense the petitioner committed qualifies as an aggravated felony, the government has not met its

    Cited 0 timesPublished
  • United States v. Rutilio Garcia-Sanchez, A.K.A. Jose

    189 F.3d 1143 · Court of Appeals for the Ninth Circuit · Sep 3, 1999

    Because the Sentencing Guidelines’ approach to conspiracy liability is clear and well established, the error was plain. … On this record, the district court did not clearly err in concluding Garcia-Sanchez was not a minor or minimal participant.

    Cited 40 timesPublished
  • Harrison v. Ollison

    519 F.3d 952 · Court of Appeals for the Ninth Circuit · Mar 20, 2008

    Nor did the ruling in Jones so change the law that it clearly placed Harrison’s conduct outside the sweep of § 844(i). … Accordingly, we conclude that Harrison cannot establish that he “has not had an unobstructed procedural shot” at presenting his claim, Stephens, 464 F.3d at 898 (internal quotation marks omitted), and thus cannot qualify

    Cited 460 timesPublished
  • Daniel Warmenhoven v. Netapp, Inc.

    13 F.4th 717 · Court of Appeals for the Ninth Circuit · Sep 13, 2021

    We held that because the trust agreement met only three of the four § 1102(b) criteria, it could not qualify on its own as the plan’s written instrument. Id. … Our circuit law does not immunize NetApp from liability for its false promises simply because it harbored no ill will or intent to deceive.

    Cited 15 timesPublished
  • United States v. Garrison M. Everett and Richard I. Chira

    692 F.2d 596 · Court of Appeals for the Ninth Circuit · Mar 28, 1983

    Clearly, this court has rejected Berrigan. See Bagnariol and Sanford, supra. … Nachtwey was a target of investigation in the case and was sufficiently connected to the conspiracy to qualify as an unindicted coconspirator for the purpose of Rule 801(d)(2)(E).

    Cited 38 timesPublished
  • Sowder v. United States

    251 F. App'x 444 · Court of Appeals for the Ninth Circuit · Oct 18, 2007

    Sowder’s estate (“the estate”) qualifies for the marital deduction under Section 2056(a) of the Internal Revenue Code (26 U.S.C.). … following the trial establishing testator’s intent.

    Cited 0 timesPublished
  • Jeannette M. GATES, Appellee, v. GEORGIA-PACIFIC CORPORATION, a Corporation, Appellant

    492 F.2d 292 · Court of Appeals for the Ninth Circuit · Feb 22, 1974

    Gates took 23 hours of accounting in her undergraduate program, and she became qualified to teach accounting as a result of her graduate work. … And in McDonnell Douglas the Court set forth four criteria which may be used to establish a prima facie case of racial discrimination: *296 411 U.S. at 802 , 93 S.Ct. at 1824.

    Cited 92 timesPublished
  • Dennis Walker v. Beard

    789 F.3d 1125 · Court of Appeals for the Ninth Circuit · Jun 18, 2015

    Defendants are immune from Walker’s official capacity damages claims under the Eleventh Amendment. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 64–65 (1989); Holley v. Cal. … Walker’s personal capacity claims fail because Defendants plainly did not violate clearly established rights of which a reasonable person would (or should) have known, thus entitling Defendants to qualified immunity.

    Cited 173 timesPublished
  • UNITED STATES of America, Plaintiff-Appellee, v. Michael MEDJUCK, Defendant-Appellant

    156 F.3d 916 · Court of Appeals for the Ninth Circuit · Sep 3, 1998

    This definition clearly encompasses conspiracies that plan the shipment of drugs that are destined for the United States. … Without establishing a specific test for what the government must do to qualify for an exception to the Confrontation Clause, the court held “that the state must do something in its attempt to secure the defendant’s presence

    Cited 21 timesPublished
  • George Wainscoat v. Reynolds Electrical & Engineering Co., Inc., a Corporation, Joe Harlan v. Reynolds Electrical & Engineering Co., Inc., a Corporation

    471 F.2d 1157 · Court of Appeals for the Ninth Circuit · Jan 5, 1973

    See Footnote 1. 34 It is true that high salary alone does not qualify one for the executive classification. … For example, in some departments, or subdivisions of an establishment, an employee has broad responsibilities similar to those of the owner or manager of the establishment, but generally spends more than 50 percent of his

    Cited 14 timesPublished
  • 13 Fair empl.prac.cas. 845, 13 Empl. Prac. Dec. P 11,328 Tejpal S. Sethy v. Alameda Co. Water District, (Three Cases). Tejpal S. Sethy v. Alameda Co. Water District, (Two Cases)

    545 F.2d 1157 · Court of Appeals for the Ninth Circuit · Oct 26, 1976

    THE WATER DISTRICT'S APPEAL 5 (a) Municipal Immunity 6 The Water District contends that municipal immunity, established for actions brought under 42 U.S.C. § 1983 by Monroe v. … Clearly this passage speaks to several issues. It is consistent, however, with the intention not to create municipal liability. 2 See Runyon v.

    Cited 0 timesPublished
  • Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency

    938 F.2d 153 · Court of Appeals for the Ninth Circuit · Jul 8, 1991

    TRPA's Immunity 5 The Nevada district court dismissed the claims for damages against TRPA, holding that TRPA is immune from a suit for damages under Jacobson v. … Thus, TRPA is not immune from suit. 6 B.

    Cited 1 timesPublished
  • In the Matter of the Grand Jury Proceeding Re Will Lewis, Applicant. Will Lewis, Applicant-Appellant v. United States

    501 F.2d 418 · Court of Appeals for the Ninth Circuit · Jul 19, 1974

    On June 17, the witness was granted immunity under 18 U.S.C. §§ 6001 , 6002 and 6003, and directed to reappear before the jury on June 19 at 10:00 a. m. … An examination of the relative posture of the parties before the trial court would clearly justify the resort to the subpoenas here.

    Cited 12 timesPublished
  • The Fort Mojave Tribe v. County Of San Bernardino

    543 F.2d 1253 · Court of Appeals for the Ninth Circuit · Sep 28, 1976

    interest tax on the leasehold interest will have an economic effect on the Indian lessors, and perhaps, although not certainly, will reduce the amount of rent they will be able to collect the legal incidence of the tax clearly … Texas Co., 336 U.S. 342 (1949) a clear ruling that there was no tax immunity for non-Indian lessees prior to the passage of PL-280.

    Cited 3 timesPublished
  • Galina Ivanovna Smolniakova v. Alberto R. Gonzales, Attorney General

    422 F.3d 1037 · Court of Appeals for the Ninth Circuit · Sep 7, 2005

    The BIA is instructed to grant Smolniako-va a new hearing in which she has a full and fair opportunity to establish her credibility in the qualifying marriage context. … To establish eligibility for asylum, Smol-niakova must qualify as a refugee. INA § 208(b), 8 U.S.C. § 1158 (b). A refugee is one “who is unable or unwilling to return to ...

    Cited 155 timesPublished
  • Floyd v. Santa Clara Department of Correction

    Court of Appeals for the Ninth Circuit · Oct 28, 2025

    We review a district court’s grant of summary judgment and its qualified immunity determinations de novo. Hughes v. Rodriguez, 31 F.4th 1211, 1218 (9th Cir. 2022) (citation omitted). We affirm. 1. … Floyd has failed to show that he “suffered a deprivation of a constitutional or statutory right” and therefore cannot overcome the officers’ defense of qualified immunity. Hamby v.

    Cited 0 timesUnpublished

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